Schedule 3 is not a general partner visa requirement and it is not the same as the Section 48 bar. It contains additional criteria for unlawful non-citizens and certain bridging-visa holders. Whether it affects an application depends on the applicant's actual visa history and the specific criteria for the visa being sought.
When can Schedule 3 affect a subclass 820 partner visa?
For a primary subclass 820 applicant who does not hold a substantive visa, clause 820.211 of Schedule 2 to the Migration Regulations refers to Schedule 3 criteria 3001, 3003 and 3004. The clause also provides an exception where the Minister is satisfied that there are compelling reasons for not applying those criteria. A related provision applies to certain secondary applicants under clause 820.312.
This needs to be checked against the legislation in force for the application and the applicant's circumstances. Holding a bridging visa does not, by itself, answer whether Schedule 3 applies or whether the relevant partner-visa criteria can be met.
Is there a Schedule 3 waiver form?
“Schedule 3 waiver” is common search language, but it can be misleading. The partner-visa provision does not describe a stand-alone waiver application with a guaranteed checklist. The legal question is whether the criteria apply and, if they do, whether the decision-maker is satisfied that compelling reasons exist for not applying them.
A relationship with an Australian citizen, permanent resident or eligible New Zealand citizen is central to partner-visa eligibility, but the existence of the relationship does not automatically establish compelling reasons. The application must address the relevant law and the particular facts with reliable evidence.
What does criterion 3001 do?
Criterion 3001 contains a 28-day timing requirement calculated from the “relevant day” defined in Schedule 3. The relevant day depends on the person's immigration history, including when a substantive or criminal justice visa ceased, unlawful entry in some cases, and specified review outcomes. Do not calculate it from memory or from the date a bridging visa was noticed; reconstruct the chronology from official records.
Criteria 3003 and 3004 contain additional requirements concerning the person's immigration status, reasons for remaining without a substantive visa and compliance-related matters. Their exact application is fact-sensitive and should be read from the current regulations rather than reduced to an online checklist.
What should a compelling-reasons assessment examine?
There is no responsible way to predict “Schedule 3 waiver success” from one fact or a previous result. A proper assessment starts with the complete chronology and then identifies the evidence relevant to the circumstances relied on. Depending on the matter, that may include:
- every visa, refusal, cancellation, review and period without a substantive visa;
- when and why the applicant ceased to hold a substantive visa;
- the history and current circumstances of the relationship;
- the sponsor's and any children's circumstances, supported by records rather than assertion;
- medical, safety, family or dependency circumstances that are genuinely relevant;
- the practical consequences of requiring an offshore pathway; and
- consistency between forms, statements, previous applications and supporting documents.
Those are evidence categories, not a promise that any particular combination will be accepted. The decision remains an individual statutory assessment.
Schedule 3, Section 48 and No Further Stay are different
These issues can overlap, but they should not be collapsed into one “waiver” question. Section 48 can restrict which visa applications may be made in Australia after certain refusals or cancellations. A No Further Stay condition can create a separate application restriction. Schedule 3 concerns additional grant criteria for specified applicants. Clearing one issue does not automatically clear the others.
Brisbane and Gold Coast Schedule 3 enquiries
Salvo Migration is a Brisbane-based legal practice. Brisbane clients may attend the Level 5, 320 Adelaide Street office by appointment; Gold Coast and other Australian clients can work with the same lawyer-led team by phone and video. We do not claim a Gold Coast office.
Before a strategy call, gather the applicant's VEVO record, current and expired visa grant notices, refusal or cancellation decisions, review documents, passport travel history and the dates each substantive visa ended. That chronology is more useful than beginning with a generic waiver template.